This shows a balance in the hands of Jeremiah Foote, the present treasurer of the commissioners, for which no vouchers have been rendered to this office, of $1,669.52, being just the balance of the $100,000 which remains after deducting the sum, the disposition of which is shown by the previous statements.

A considerable part of this balance, it will be seen, has been loaned by the treasurer and converted into securities, for which, it is true, he swears that he considers himself responsible, but which still presents one of the many instances exhibited in his deposition of the very loose manner in which these funds have been handled.

This deposition also exhibits several demands in his hands which have been placed there by the commissioners, being the avails of the Perce property and a part of the money unaccounted for by Mr. Wood, but as it may be somewhat doubtful whether the treasurer can be held accountable for these obligations derived from these sources and obtained in this way, and it being considered certain that his bail cannot be made responsible for them, they will be considered as resting with him as the mere agent of the commissioners, and as property in their hands to be accounted for, and will be thus enumerated.

Whole property of the Draining Fund for which no account has as yet been rendered.

In the hands of the treasurer— The balance unaccounted for, as before given,........ $1,669 52

In the hands of the commissioners— The avails of the Perce property supposed to be good,

Money in the hands of Jethro Wood, and for part of which he has given his note, as see the statement,... Amount overpaid to Buck, and re-paid by him to the commissioners, in money, . . . . . . . . . . . . . . . . . . . . . . .

To this may be added the sums paid into the treasury of the state, which is supposed to be at the disposition of the commissioners, unless the Legislature should otherwise direct, to wit:

This closes such a classification and exhibition of this fund, and of the expenditures from it, as has been suggested from a somewhat

laborious examination of the testimony taken.

Of the Committee on Claims, on the Petition of James McMahan. - -

The committee on claims to which was referred the petition of James McMahan,

REPORTED–

In July, 1812, pursuant to orders issued by Maj. Gen. Van Rensselaer, who had been assigned to the command of the frontiers under the authority of the state, the petitioner was ordered to take command of a company of militia, and station them at Portland harbor in the county of Chautauque. He performed the duty and continued in service two weeks. There was neither commissary, quarter-master or contractor, nor were there any public stores, in the vicinity of the station: and the petitioner was obliged to, and did, furnish subsistence for himself, his officers and men during their term of service. During the month of September of the same year, he commanded a company at the same post. He has received no compensation, either for his own services, or for the subsistence furnished by him. These facts appear sufficiently authenticated. The services being performed in the militia of this state, and under the authority of its officers, the claim for compensation seems properly made against the state. Indeed the petitioner alleges, and your committee have no reason to doubt the fact, that upon making application to the general government, he was told that although that government was ultimately responsible for all the expenses of the state in that service, yet that the claim must be presented by the state, after having paid it. The petitioner has been repeatedly be. fore the legislature, but from accidental causes, he has been delay

[A. No. 71.] 1

ed in the adjustment of his claim until this time. Your committee

are of opinion that the claim of the petitioner is just and meritorious,

and they have directed their chairman to introduce a bill providing

payment for such of the items of the account of the petitioner as

have beep. proved, and which are specified in the annexed account, - - . . and directing the agent of the state to present it among our claims * * against the United States.

• * wo - -- . . Items in the aecount of James McMahan, which the committee on

. . . - claims consider proved, and which they propose to pay.

2. * . His services as captain at Portland harbor from July 2d

* . . to July 17, 1812, half a month, at $40 per month, $20 00

To 3 rations a day at 20 cents each, for 15 days, ...... 9 00 Rations for 50 men for 15 days each, 750 rations at 15